March 16, 2015 Docket Operations, M-30 U.S. Department ofTransportation (DOT) 1200 NewJersey Avenue, SE Room W12-140, West Building Ground Floor Washington, D.C. 20590-0001 Subject: Petition tothe FAA for Section 333 Exemption LandBros Aerial Photography, L.L.C.

Dear Sir or Madam LandBros Aerial Photography, L.L.C. hereby submits to the Federal Aviation Administration, pursuantto the FAA Modernization and Reform Act of2012, an exemption petition, in accordance with Section 333 oftheAct. LandBros Aerial Photography, L.L.C. requests tooperate commercially its small unmanned aircraft system (UAS) which is currently regulated by the Federal Aviation Administration. This letter provides requested information as listed in the FAA's "Public Guidancefor Petitions for Exemptions Filed under Section 333" as described as ofthis date atthe FAA website at https://www.faa.gov/uas/legislative programs/section 333/how to file a petition/

LandBros Aerial Photography, L.L.C. is an experienced aerial photographer inthe State of Louisiana. We are experienced in flying hobby helicopters for recreational purposes. We have flown small RC electric helicopters for overthree (3) years without incident. Safety is our commitmentwith each flight. An extensive pre-flight safety checklist is completed and each flight is logged by the operator and verified by our spotter. Our exemption request would permit operation of ultra-lightweight, unmanned (remote control operated) in tightly controlled and limited airspace. More company information can be viewed on the company website atwww.LandBros.com

. Purpose forthe Exemption: LandBros Aerial Photography, L.L.C. desired to utilize an unmanned aircraft system (UAS), herein described,to accomplish aerial photography ofindustrial and commercial facilities.

1Contact Information: LandBros Aerial Photography PO Box 840240 NewOrleans, LA 70184 Office: 225-366-7005 Mobile: 225-803-6642 Email: danny.landrv@landbros.com List ofSpecific Sections of 14CFR for which exemption is sought: This listing matches the list on page 7 ofthe FAA's "Public Guidance for Petitions Filed under Section 333", Rev. 9/25/2014. 14 CFR 21, Subpart H-Airworthiness Certificates 14 CFR 61.113(a) and (b), Certification: Pilots, Flight Instructors, and Ground Instructors 14 CFR 91.7 (a), Airworthiness required for operation 14 CFR 91.103 (b) (2), Preflight action 14 CFR 91.105, Flight crewmembers at stations 14 CFR 91.109, Flight instruction 14 CFR 91.119 (c), Minimum safe altitudes 14 CFR 91.121, Altimeter settings 14 CFR 91.151, Fuel requirements forflights in VFR conditions 14 CFR 91.405 (a), Maintenance required 14 CFR 91.407 (a) (1), Operation after maintenance 14 CFR 91.409 (a) (2), Inspections 14CFR 91.417 (a) and (b), Maintenance records (FURTHER DETAILS ON PAGES 8-11)



### 2In accordance with the outline given in the FAA's "Public Guidance for Petitions Filed under Section 333", thefollowing information is provided for each numbered item listed in thatguidance: 1. Aircraft Description Design and Operational Characteristics: • LandBros Aerial Photography, L.L.C. plans to operate a Phantom 2comprised ofan unmanned aircraft and atransportable ground station. This aircraft is aquad-copter design with gross weight (battery and propellers included) of 1000 g (2.205 lbs.). • The Phantom 2 has a GoPro Hero 4 Black camera for capturing aerial still photographs and videos. • It is equipped withfour rotors that are driven by battery-powered electric motors. Maximum airspeed is 30 knots. • The Phantom 2 includes a Failsafe Function. It activates ifthe Remote Control is powered 

### off, the Phantom 2 has flown outside effective control range, the signal between the Phantom 2 and the Remote Control is blocked, or ifthere is interference causing asignal problem. When activated, the Failsafe Function automaticallyflies the Phantom 2 backtothe Home Point (the start location) and lands it. IfGPS mode is not active,the Failsafe Function will execute acontrolled descend and automatic landing. • Through the Phantom 2Assistant software, each flight operation will be programmed with a maximum radius distance and maximum altitudefrom the Home Point such that theflight control system will limit operations towithin the confines ofthe propertyto be surveyed for LandBros or LandBros' Clients. These performance limitation requirements are included in the UAS Operating Procedure contained in Appendix A herein. Manufacturer's Documentation: Detailed manufacturer's design information (currenttothis date) is contained the in the following manuals in the appendices atthe end ofthis document:

• Appendix B- Phantom 2 Specifications

• Appendix C- Phantom 2 Quick Start Guide

• Appendix D- Phantom 2 User Manual

• Appendix E- Phantom 2 PilotTraining Guide

For ease of reference, the Phantom 2 is included in FAA Section 333 Exemption No. 11138granted on January 

### 5, 2015 to Douglas Trudeau, Realtor®.



### 32. Procedures for Ensuring UAS Is In a Condition Safe for Flight Preflight Checks: At a minimum,thefollowing items will be checked priorto initiating any operation. (See AppendixA in this documentfor detailed procedures, LandBros Aerial Photography, L.L.C. Operating Procedure V1.13.4.15)

• Operations must be in daylight hours and under visual meteorological conditions (VMC). • Area to be surveyed is defined on aplot plan drawingwith path offlight and altitudes for each leg oftheflight clearly marked. • Flight path is at least 500ft. from all non-participating persons, vessels, vehicles and structures unless protective barriers orstructures are present, or permission is granted orsuch operations present no hazard tothe Pilot in Command, the Visual Observer,trainees, and other essential persons. • Flight plan and schedule has been reviewed with site leadership and communicated to all LandBros Aerial Photography, L.L.C. and Client personnel in the area. • Remote control, smart battery, range extender, and ground station monitor are fully charged. • Propellers are mounted correctly. • Damping absorbers are in good condition, not dry-rotted or worn. • Anti-drop kits have been mounted correctly. • Micro-SD card has been inserted. • Gimbal is functioning as normal. • Compass has been calibrated. • Flight radius and altitude limits have been set withthe Phantom 2Assistant software, notto exceed 400ft. AGL altitude, and radius limited tothe property boundaries of LandBros or LandBros Client site. • The Visual Observer (VO) is stationed at the required initial observation point according totheflight plan and in view ofthe Pilot in Command (PIC) and has means for continual verbal communication. • There are no inoperable components. • All site required safety permits are approved in in possession ofthe PIC. • Motors can start and function as normal. • Flight Indicator Lights on the aircraftverifythatthe Home Point is setto current location. • Record the Preflight Check, date and sign, and file it in the Equipment Inspection and Maintenance Record Book.

43. Radio Frequency (RF) Spectrum for Control The Remote Control ground station operatingfrequency is 5.278- 5.85 GHz and is FCC compliant with communication distance in an open area of800 m (875 yds.) Operating Frequency Communication Distance (open area) Receiver Sensitivity (1%PER) Transmitter Power WorkingVoltage Built-in LiPo Battery Working Current/Capacity

4. Qualifications for The Pilot in Command (PIC) Logged Hours: 5.728 GHz-5.85 GHz FCC Compliance: 800m -93dBm FCC Compliance: lOOmW 120 mA@3.7V 3.7V, 2000mAh

The PIC will have accumulated and logged a minimum of25 hours oftotal time as a UAS rotorcraft pilotwith a multi-rotor UAS priorto operations. The PIC will have also accumulated and logged aminimum of5 hours as UAS pilotspecifically operating the Phantom 2, priortooperations. The PIC will have accomplished, during dedicated training sessions, 3take-offs and landings in the preceding 30 days. Training, proficiency, and experience-buildingflights in dedicated training sessions will be included in the accumulated and logged hours. Emergency and Evasive Maneuvers: The PIC will have demonstrated the abilitytosafely operate the Phantom 2 in a manner consistent with how itwill be operated in surveying LandBros Client properties, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. The logged hours referenced above will documentthis. 5. Description of Intended UAS Operations

• Operations will be restricted to Class Gairspace. • No operations will occur within 5 miles ofa non-towered airport reference point as denoted on acurrent FAA-published aeronautical chart, unless a letteragreement with the airport's management is obtained, and the operation is conducted in accordance with aNoticetoAirman (NOTAM) as required bythe Certificate ofWaiver orOperation (COA). • The Phantom 2will be utilized to survey industrial and commercial facilities. The use of small unmanned aircraft systems provides more immediate and thorough information than is presently available by other means. Expense for scaffolding, rental of manned aircraft, rental ofequipment, and lost time is saved. Safety is improved by reducingfall risk for workers and reducing potential for manned aircraft accidents. 

### 5• As described in "2. Procedures for Ensuring UAS Is in aCondition Safe for Flight", altitude and distance limits will be entered intothe Pantom 2Assistant software priorto commencement offlight. This will restrictthe operation to LandBros Client property. The Failsafe Function integral with the Phantom 2will assure this aircraftstays within the area deemed safe for operation. • Industrial facilities ofthetype mentioned above have strict safety procedures which must be satisfied. LandBros' respect for compliance with these procedures is vital to assuring positive Client relationships and continuing business. All safety procedures for personnel will be strictly adhered to as well as all laws and regulations.

6. Proposed Speed, Altitude, Visibility and Distances Speed: The Phantom 2 is capable ofa maximum speed of 15m/s (29.2 knots). In orderto conserve power, and thereby maximizeflighttime, and to assure good quality still photographs and video, the Phantom 2will be operated at aslow speed alongtheflight path, typically 2m/s (3.9 knots) or below. Higherspeeds may be used from timetotime when traversing asection ofthe property of no interest and not included in agiven study. Altitude: Altitudes below400ft. AGL are adequate forthe complete range offacilities and structures to be surveyed. The integral Flight Control System will be set to limitthe altitudeto always be below that level. Distance: The integral Flight Control System will be set to limitthe radial distance from the Home Point (point offlight commencement) such thatthe Phantom 2will stay within the boundary ofthe property lines. The PIC will operate the equipmenttoassurethose limits are not reached and will maneuverthe Phantom 2to followthe preplanned flight path withinthe property boundaries. The Phantom 2 will not be operated less than 500 feet below or less than 2,000 feet horizontallyfrom acloud when visibility is less than 3statute miles from the PIC. Operations will be aborted immediately ifthe PIC encounters unpredicted obstacles or emergencies. Safe descent and landing procedures will be followed in accordance with operating documents. 7. Description ofthe Area of Intended Operations As described in "5. Description of Intended UAS Operations", the Phantom 2operation will be restricted to LandBros Client property and nottaken into public areas. LandBros and Client personnel on the site will be made fully aware ofthe operation priorto commencement of operations. 

### 68. Proximity ofAirports Operations will be restricted to Class G airspace. No operations will occur within 5 miles of a non-towered airport reference point as denoted on a current FAA-published aeronautical chart, unless a letter agreement with the airport's management is obtained, and the operation is conducted in accordance with a NoticetoAirman (NOTAM) as required bythe Certificate ofWaiver or Operation (COA). 9. Operation within Visual Line-of-Sight (VLOS) In additiontothe PIC, all operations will include aVisual Observer (VO). The VO will assure that the Phantom 2 is always withintheirvisual line-of-sight (VLOS), as well as the PIC's, at all times. The VO and the PIC will be able to communicate verbally at all times utilizingtwo-way radios available at LandBros Client sites. 10. Procedures for Preflight Safety Assessment Priorto each flight,the PIC will inspectthe Phantom 2, includingthe ground control station, in accordance with the Preflight Checklist (see "2. Procedures for Ensuring UAS Is In a Condition Safe for Flight"). Ifthe Preflight Check indicates any unsafe conditions or a non-functioning safety-critical part,theflight will not commence untilthe needed maintenance is performed and a satisfactory Preflight Check can be completed. All maintenance and alterations performed will be documented and filed in the Equipment Inspection and Maintenance Record Book. 11. Notifications As required, a Noticeto Airmen (NOTAM) will be requested not morethan 72 hours in advance and not less than 48 hours priorto an operation. In addition, any notifications required bythe FAA Flight Standards District Office will be made. 12. Certificate of Waiver orAuthorization (COA) Priorto conducting any operations, an AirTraffic Organization (ATO) issued Certificate ofWaiver or Operation (COA) will be obtained for each aircraft. Services will start with one aircraft, with additional units added as needs for operations increase overtime. Each Phantom 2 aircraft will be identified with its serial number, registered in accordance with 14CFR part 47, and have identification (N-Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as Iarge as practicable.

7Specific Regulations for Which Exemption is Sought: 1. 14CFR 21, Subpart H-Airworthiness Certificates 14 CFR 21 covers the certification procedures for products and parts. Subpart Hspecifies requirements forAirworthiness Certificates forvarious aircrafttypes. Small unmanned aircraft systems are notspecifically called out and addressed in these rules. LandBros will, in lieu ofairworthiness certification by aforementioned rule, ifexemption is granted, ensure thatthe Phantom 2 system is in compliance with its operating documents as described herein. The PIC will assure that all Preflight Checks are completed and documented and the Phantom 2 is in full compliance with all manufacturers' operation and maintenance documents. Due to consideration ofthe size, weight, speed, and limited operating area associated with LandBros's proposed Phantom 2, we believe itwill notcreate a hazard to users ofthe National Airspace System (NAS) orthe public. Therefore, a request is made for exemption from 14 CFR part 21, and any associated noise certification and testing requirements of part 36. 2. 14CFR 61.113(a) and (b), Certification: Pilots, Flight Instructors, and Ground Instructors 14 CFR 61.113 (a) and (b) prohibit private pilots from fulfillingthe role of PIC ifthe aircraft is carrying propertyfor compensation, unless theflight is only incidental tothat business or employment. LandBros believes that duetothe size, weight, speed, and limited operating area associated with LandBros' proposed Phantom 2 operation, a PIC possessing the aforementioned training and logged hours, would ensure safety and prevent creating any hazard to users ofthe National Airspace System (NAS) orthe public. We therefore request an exemption from these parts of 14 CFR. 3. 14CFR 91.7 

### (a), Airworthiness required for operation lfthe exemption from 14 CFR 21, Subpart H (item 1above) is granted, no airworthiness certificate will be required. On this basis, exemption from 14 CFR 91.7 (a) is requested, presuming that airworthy condition by definition in the rule means having an airworthiness certificate. LandBros will, in lieu ofairworthiness certification by 14 CFR 21, ensure thatthe Phantom 2 system is in compliance with its operating documents as described herein. The PIC will assure that all Preflight Checks are completed and documented and execute full compliance with all manufacturer's operation and maintenance documents. 4. 14CFR 91.103(b) (2), Preflight action 14 CFR 91.103 (b) (2) specifies that the PIC be familiarwith aircraft performance under expected values ofairport elevation and runway slope, aircraft gross weight, and wind and temperature.



### 8Since the Phantom 2 will not be operating out ofairports this rule is notapplicable. On this basis and on the basis thatthe operating documents cover requirementsfor operation safety, an exemptionfrom this rule is requested. 5. 14CFR 91.105, Flight crewmembers at stations This part requires certain actions by onboard crewmembers. Since the Phantom 2 is unmanned, an exemption from this rule is requested. 6. 14CFR 91.109, Flight instruction 14 CFR 91.109 describes requirements forflight instruction and requires thatthe aircraft used forflight instruction havefullyfunctioning dual controls. The details pertain to manned airplanes and are not applicable to asmall unmanned aircraft system such as the Phantom 2. Flighttraining will be required forthe Phantom 2 pilot as detailed on page 5 herein, "4. Qualificationsforthe Pilot in Command (PIC)." Compliance withthese training requirements with logged hours assures thatthe required competency forsafely operatingthe Phantom 2will be maintained. On this basis an exemption from this rule is requested. 7. 14CFR 91.119 (c), Minimum safe altitudes 14 CFR 91.119 (c) requires that no operation is permitted below 500 feet above the surface, except over open water and sparsely populated areas. The proposed use ofthe Phantom 2 is specificallyfor altitudesthat range from the surface to maximum 400 feetAGL. On the basis of the aforementioned safety procedures, we believethere will be no increased hazard to users of the National Airspace System (NAS) orthe publicwill be created bythe Phantom 2as detailed here. 8. 14CFR 91.121, Altimeter settings 14 CFR 91.121 provides specific rules for altimeter settingsfor cruising altitude and flight level of aircraft and speaks ofaltimeterstations along the route and the elevation ofthe departure airport. In lieu ofthese specific requirements, most suitable for manned airplanes, the Phantom 2 has barometricaltimeter and GPS derived altitude limitations. All altitudes reported toAir Traffic Control (ATC) will be in feet above ground level (AGL). On this basis, an exemption from this rule is requested. 9. 14CFR 91.151, Fuel requirements for flights in VFR conditions 14 CFR 91.151(a) requires that no person may begin aflight underVisual Flight Rule (VFR) conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly tothefirst point of intended landing and, assuming normal cruising speed, (1) duringthe day, to fly afterthatfor at least 30 minutes, or (2) at night,to fly afterthatfor at least 45 minutes. The Phantom 2 has a built-in Low Battery Level Warning Function: 

### 91) Ifthe smart battery is depletedtothe pointthat may affectthe safe return ofthe aircraft, the lowbattery level warning notifiesthe PIC totake action. 2) The thresholds for these warnings are automatically determined based on the current aircraft altitude and its distance from the Home Point. 3) A color coded battery level indicator shows battery level, and an estimated remaining flight time in minutes is displayed. 4) When the critical battery level warning activates, the aircraft will gradually descend and land automatically. As standard operating procedure, the PIC will immediately return the Phantom 2tothe Home Pointfor a batteryswap when the battery level reaches 25%. On the basis ofthese specific safetyfeatures of battery power level monitoring, and operating procedures, an exemption from this rule is requested. 10. 14CFR 91.405 

### (a), Maintenance required Please see exemption request explanation in item 15 below (14 CFR 91.417). 11. 14CFR 91.407 (a) (1), Operation after maintenance Please see exemption request explanation in item 15 below (14 CFR 91.417). 12. 14CFR 91.409 (a) (2), Inspections Please see exemption request explanation in item 15 below (14 CFR 91.417). 13. 14CFR 91.417 (a) and (b), Maintenance records Parts 91.405 (a), 91.407 (a) (1), 91.409 (a) (2), and 91.417 (a) and (b), contain requirements for maintenance of larger aircraft. In lieu ofadaptingthese rules forthe Phantom, LandBros Aerial Photography, L.L.C. is requesting an exemption on the basis that itwill inspectthe Phantom 2 and ensures that it is in a condition for safe flight priorto beginning any operation. We propose that adherence to the operating documents describingthe requirements for maintenance, inspection, and recordkeeping, are sufficientto ensure that safety is not adversely affected. PUBLIC BENEFIT Grantingthis Section 333 Exemption would benefitthe public in thefollowing ways:

• Public Safety: Common practicefor industrial facility construction projects and periodic site-wide industrialfacility visual assessment involves utilization of manned aircraft. The potential risk to life and property is order of magnitudes less for use ofasmall 10

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unmanned aircraft system as compared to conventional aerial photography by manned fixed wing aircraft.

• Industrial Safety: In orderto accomplish inspections ofdifficultto access areas at high elevations requires either erection ofscaffolding or lifting personnel by crane in protective enclosures to viewthe subject of interest. Fall protection gear and compliance with OSHA rules governing such work is crucial for lifesafety. The ultimate protection, however, would be to not involve personnel in such activity and instead complete this work with an unmanned aircraft system.

• Energy Savings and Environmental Protection: Reduction offrequency of manned aircraft used to do aerial photography and surveys for construction sites and industrial facilities results in burning less fuel therebysaving energy and reducing emissions of combustion gases. REASONS SAFETY NOT ADVERSELY AFFECTED AND IS AT LEAST EQUIVALENTTO EXISTING RULE The key features ofthe proposed Phantom 2 unmanned aircraft system that assurethat safety tothe public and safety ofthe National Airspace System (NAS) is not adversely affected are the following:

• Credentials and trainingforthe Pilot in Command (PIC), along with detailed operating procedures, assure thatthe level ofcompetency required forsuccessful and safe flight operations is achieved.

• The built-in Flight Control System, which includes a Failsafe Function, assures immediate return tothe Home Point and safe landing underfailure scenarios,thereby preventing injury or damage.

• Visual Line-of-Sight (VLOS) operation provided by the PIC and the Visual Observer (VO), and their abilityto communicate verbally at all times, assures full operational control.

• Detailed operations and maintenance procedures, including a Preflight Checklist, provide assurance ofmechanical integrity and full functioning of Phantom 2 unmanned aircraft system priorto commencement ofany operation.



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# l I 1 SUMMARY FOR PUBLICATION IN FEDERAL REGISTER Petition for Exemption Docket No.: FAA-2015-xxxx Petitioner: LandBros Aerial Photography, L.L.C. Section of 14CFR 14 CFR 21 Subpart H, 61.113{a) and {b), 91.7 (a), 91.103 (b) {2), 91.105, 91.109,91.119 (c), 91.121, 91.151,91.405 (a), 91.407 (a) {1), 91.409 (a) {2), 91.417 (a) and (b). Description of Relief Sought: The petitioner is seeking an exemption to utilize an unmanned aircraft system (UAS) to accomplish aerial photography, surveys and assessments ofindustrial and commercial facilities.

Daniel P. Landry Owner LandBros Aerial Photography, L.L.C.

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